A trademark may be a brand’s unique identity that states the combinations of tagline, logo, and symbol. And during the trademark registration process in India, the authorized Registrar brings up criticism on the specified trademark if the entity disregards rules and guidelines of trademark registration. If you receive a trademark objection certificate, it doesn't suggest that your application for trademark registration has been rejected. You can upgrade the chances of registering the trademark again with the help for experts!.
A trademark is a brand’s identity that represents these combinations of tagline, logo, and symbol. Frequently, during the trademark registration process, the Trademark Registrar brings up criticism on the expected trademark if it disregards rules and laws of trademark registration. It might be due to few reasons like absence of distinct design, offensive to a specific religion, similarity with an existing trademark, etc. In the event of a trademark objection, an in depth answer should be recorded inside a month, from the date of issuance of the protest.
What is Trademark Objection?
Trademarks are often objected to by the examiner, public, or the other third party when it's applied for registration. It occurs during the initial stage of the trademark registration process when the examiner objects the trademark application due to a couple of reasons. The objection can't be the purpose for rejection; in any case, the registrar looks for additional explanations and clarification about the logo and its legitimateness. The third-party also can object to the trademark for the sake of public interest. There are two alternative ways when a 3rd party or public can object the registration of a trademark:
At the point when the trademark is distributed on Trademark Journal. In case the candidate utilizes the mark before its registration. When the objection is received, within a month or within the recommended period of time the applicant should document a comprehensive objection reply.
The purpose behind Trademark Objections
Endless supply of the appliance , the name analyst investigates the appliance for its accuracy. Objections can be received for the accompanying reasons:
- Incorrect Form
The examiner can object If the candidate applies for trademark registration by filing the incorrect form.
- Incorrect Applicant Name
Examiner double-checks for the accuracy of the candidate’s name; the name must be similar to what is given in PAN. Subsequently, it's necessary to cross-check the spelling of the name twice.
- Utilization Of Deceptive Words
If a trademark name or logo utilized is hard in nature or usage of any misleading term that provides a false description about the merchandise shall be dismissed.
- Offensive Terms
Trademarks won't utilize any offensive term which may prompt the rejection of the trademark.
- Insufficient Information On Goods Or Services
When the trademark application did not mention necessary information, in brief, the trademark examiner may reject the appliance supported such grounds.
- Identical Logo Already Registered
If the proposed trademark is identical or almost like the already registered logo, the examiner shall state the rationale it can create confusion to boost the objection.